Philippine authorities ordered to arrest senator over ICC warrant

The Department of Justice directed the Philippine National Police and National Bureau of Investigation to implement an International Criminal Court arrest warrant against Senator Ronald dela Rosa. The order was issued on Thursday, May 21, one day after the Supreme Court denied the senator's request for a temporary restraining order.

Police statements on the arrest PNP chief Police General Jose Melencio Nartatez Jr. said the police will carry out the order in line with existing laws and due process. NBI Director Melvin Matibag stated that his bureau has been consistent in supporting the arrest through the ICC warrant.

Procedures after arrest CIDG chief Police Major General Robert Morico II said the senator remains in the Philippines and will be brought to the CIDG office inside Camp Crame after arrest for standard booking procedures. After booking, the senator will be turned over to the Department of Justice, according to the CIDG chief.

DOJ spokesperson Prosecutor Polo Martinez said the procedure to be followed after arrest pertains to operational matters that cannot be publicly disclosed.

Interior and Local Government chief Juanito Victor Remulla said last week that the senator had sought to be under police custody. PNP chief Nartatez clarified that seeking protective custody would be considered a surrender and therefore an arrest.

Legal options for transfer The Marcos administration may follow procedures used in a prior case, invoking Republic Act No. 9851 to allow direct surrender to an international court. ICC assistant to counsel Kristina Conti said the warrant would be implemented according to national procedures, including Rule 113 of the Rules of Court.

ICC common legal representative of the victims Gilbert Andres said Article 59 of the Rome Statute is not applicable because the Philippines is no longer a member of the ICC.